As Reported by the Senate Highways and Transportation Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 514

Representative Newbold 

Cosponsors: Representatives Antonio, Barnes, Boyd, Celebrezze, Damschroder, Fende, Hackett, Kozlowski, Luckie, Mallory, Murray, O'Brien, Patmon, Ruhl, Sykes, Szollosi, Winburn, Yuko Speaker Batchelder 

Senator LaRose 

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A BILL

To amend sections 4511.01, 4511.04, 4511.213,

1

5501.03, and 5525.16 of the Revised Code to

2

authorize the Director of Transportation to enter

3

into an agreement or contract with any entity to

4

establish a traveler information program to

5

provide real-time traffic conditions and travel

6

time information at no cost to the traveler, to

7

require motor vehicle operators to take certain

8

actions upon approaching a highway maintenance

9

vehicle, and to modify the standard for

10

determining the amount of the performance and

11

payment bonds for certain Department of

12

Transportation contracts.

13

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4511.01, 4511.04, 4511.213, 5501.03,	14
and 5525.16 of the Revised Code be amended to read as follows:	15

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	16
of the Revised Code:	17

(A) "Vehicle" means every device, including a motorized	18
bicycle, in, upon, or by which any person or property may be	19
transported or drawn upon a highway, except that "vehicle" does	20
not include any motorized wheelchair, any electric personal	21
assistive mobility device, any device that is moved by power	22
collected from overhead electric trolley wires or that is used	23
exclusively upon stationary rails or tracks, or any device, other	24
than a bicycle, that is moved by human power.	25

(B) "Motor vehicle" means every vehicle propelled or drawn by	26
power other than muscular power or power collected from overhead	27
electric trolley wires, except motorized bicycles, road rollers,	28
traction engines, power shovels, power cranes, and other equipment	29
used in construction work and not designed for or employed in	30
general highway transportation, hole-digging machinery,	31
well-drilling machinery, ditch-digging machinery, farm machinery,	32
and trailers designed and used exclusively to transport a boat	33
between a place of storage and a marina, or in and around a	34
marina, when drawn or towed on a street or highway for a distance	35
of no more than ten miles and at a speed of twenty-five miles per	36
hour or less.	37

(C) "Motorcycle" means every motor vehicle, other than a	38
tractor, having a seat or saddle for the use of the operator and	39
designed to travel on not more than three wheels in contact with	40
the ground, including, but not limited to, motor vehicles known as	41
"motor-driven cycle," "motor scooter," or "motorcycle" without	42
regard to weight or brake horsepower.	43

(D) "Emergency vehicle" means emergency vehicles of	44
municipal, township, or county departments or public utility	45
corporations when identified as such as required by law, the	46
director of public safety, or local authorities, and motor	47
vehicles when commandeered by a police officer.	48

(E) "Public safety vehicle" means any of the following:

49

(1) Ambulances, including private ambulance companies under	50
contract to a municipal corporation, township, or county, and	51
private ambulances and nontransport vehicles bearing license	52
plates issued under section 4503.49 of the Revised Code;	53

(2) Motor vehicles used by public law enforcement officers or	54
other persons sworn to enforce the criminal and traffic laws of	55
the state;	56

(3) Any motor vehicle when properly identified as required by	57
the director of public safety, when used in response to fire	58
emergency calls or to provide emergency medical service to ill or	59
injured persons, and when operated by a duly qualified person who	60
is a member of a volunteer rescue service or a volunteer fire	61
department, and who is on duty pursuant to the rules or directives	62
of that service. The state fire marshal shall be designated by the	63
director of public safety as the certifying agency for all public	64
safety vehicles described in division (E)(3) of this section.	65

(4) Vehicles used by fire departments, including motor	66
vehicles when used by volunteer fire fighters responding to	67
emergency calls in the fire department service when identified as	68
required by the director of public safety.	69

Any vehicle used to transport or provide emergency medical	70
service to an ill or injured person, when certified as a public	71
safety vehicle, shall be considered a public safety vehicle when	72
transporting an ill or injured person to a hospital regardless of	73
whether such vehicle has already passed a hospital.	74

(5) Vehicles used by the motor carrier enforcement unit for	75
the enforcement of orders and rules of the public utilities	76
commission as specified in section 5503.34 of the Revised Code.	77

(F) "School bus" means every bus designed for carrying more	78
than nine passengers that is owned by a public, private, or	79
governmental agency or institution of learning and operated for	80
the transportation of children to or from a school session or a	81
school function, or owned by a private person and operated for	82
compensation for the transportation of children to or from a	83
school session or a school function, provided "school bus" does	84
not include a bus operated by a municipally owned transportation	85
system, a mass transit company operating exclusively within the	86
territorial limits of a municipal corporation, or within such	87
limits and the territorial limits of municipal corporations	88
immediately contiguous to such municipal corporation, nor a common	89
passenger carrier certified by the public utilities commission	90
unless such bus is devoted exclusively to the transportation of	91
children to and from a school session or a school function, and	92
"school bus" does not include a van or bus used by a licensed	93
child day-care center or type A family day-care home to transport	94
children from the child day-care center or type A family day-care	95
home to a school if the van or bus does not have more than fifteen	96
children in the van or bus at any time.	97

(G) "Bicycle" means every device, other than a tricycle	98
designed solely for use as a play vehicle by a child, propelled	99
solely by human power upon which any person may ride having two	100
tandem wheels, or one wheel in the front and two wheels in the	101
rear, or two wheels in the front and one wheel in the rear, any of	102
which is more than fourteen inches in diameter.	103

(H) "Motorized bicycle" means any vehicle having either two	104
tandem wheels or one wheel in the front and two wheels in the	105
rear, that is capable of being pedaled and is equipped with a	106
helper motor of not more than fifty cubic centimeters piston	107
displacement that produces no more than one brake horsepower and	108
is capable of propelling the vehicle at a speed of no greater than	109
twenty miles per hour on a level surface.	110

(I) "Commercial tractor" means every motor vehicle having	111
motive power designed or used for drawing other vehicles and not	112
so constructed as to carry any load thereon, or designed or used	113
for drawing other vehicles while carrying a portion of such other	114
vehicles, or load thereon, or both.	115

(J) "Agricultural tractor" means every self-propelling	116
vehicle designed or used for drawing other vehicles or wheeled	117
machinery but having no provision for carrying loads independently	118
of such other vehicles, and used principally for agricultural	119
purposes.	120

(K) "Truck" means every motor vehicle, except trailers and	121
semitrailers, designed and used to carry property.	122

(L) "Bus" means every motor vehicle designed for carrying	123
more than nine passengers and used for the transportation of	124
persons other than in a ridesharing arrangement, and every motor	125
vehicle, automobile for hire, or funeral car, other than a taxicab	126
or motor vehicle used in a ridesharing arrangement, designed and	127
used for the transportation of persons for compensation.	128

(M) "Trailer" means every vehicle designed or used for	129
carrying persons or property wholly on its own structure and for	130
being drawn by a motor vehicle, including any such vehicle when	131
formed by or operated as a combination of a "semitrailer" and a	132
vehicle of the dolly type, such as that commonly known as a	133
"trailer dolly," a vehicle used to transport agricultural produce	134
or agricultural production materials between a local place of	135
storage or supply and the farm when drawn or towed on a street or	136
highway at a speed greater than twenty-five miles per hour, and a	137
vehicle designed and used exclusively to transport a boat between	138
a place of storage and a marina, or in and around a marina, when	139
drawn or towed on a street or highway for a distance of more than	140
ten miles or at a speed of more than twenty-five miles per hour.	141

(N) "Semitrailer" means every vehicle designed or used for	142
carrying persons or property with another and separate motor	143
vehicle so that in operation a part of its own weight or that of	144
its load, or both, rests upon and is carried by another vehicle.	145

(O) "Pole trailer" means every trailer or semitrailer	146
attached to the towing vehicle by means of a reach, pole, or by	147
being boomed or otherwise secured to the towing vehicle, and	148
ordinarily used for transporting long or irregular shaped loads	149
such as poles, pipes, or structural members capable, generally, of	150
sustaining themselves as beams between the supporting connections.	151

(P) "Railroad" means a carrier of persons or property	152
operating upon rails placed principally on a private right-of-way.	153

(Q) "Railroad train" means a steam engine or an electric or	154
other motor, with or without cars coupled thereto, operated by a	155
railroad.	156

(R) "Streetcar" means a car, other than a railroad train, for	157
transporting persons or property, operated upon rails principally	158
within a street or highway.	159

(S) "Trackless trolley" means every car that collects its	160
power from overhead electric trolley wires and that is not	161
operated upon rails or tracks.	162

(T) "Explosives" means any chemical compound or mechanical	163
mixture that is intended for the purpose of producing an explosion	164
that contains any oxidizing and combustible units or other	165
ingredients in such proportions, quantities, or packing that an	166
ignition by fire, by friction, by concussion, by percussion, or by	167
a detonator of any part of the compound or mixture may cause such	168
a sudden generation of highly heated gases that the resultant	169
gaseous pressures are capable of producing destructive effects on	170
contiguous objects, or of destroying life or limb. Manufactured	171
articles shall not be held to be explosives when the individual	172
units contain explosives in such limited quantities, of such	173
nature, or in such packing, that it is impossible to procure a	174
simultaneous or a destructive explosion of such units, to the	175
injury of life, limb, or property by fire, by friction, by	176
concussion, by percussion, or by a detonator, such as fixed	177
ammunition for small arms, firecrackers, or safety fuse matches.	178

(U) "Flammable liquid" means any liquid that has a flash	179
point of seventy degrees fahrenheit, or less, as determined by a	180
tagliabue or equivalent closed cup test device.	181

(V) "Gross weight" means the weight of a vehicle plus the	182
weight of any load thereon.	183

(W) "Person" means every natural person, firm,	184
co-partnership, association, or corporation.	185

(X) "Pedestrian" means any natural person afoot.

186

(Y) "Driver or operator" means every person who drives or is	187
in actual physical control of a vehicle, trackless trolley, or	188
streetcar.	189

(Z) "Police officer" means every officer authorized to direct	190
or regulate traffic, or to make arrests for violations of traffic	191
regulations.	192

(AA) "Local authorities" means every county, municipal, and	193
other local board or body having authority to adopt police	194
regulations under the constitution and laws of this state.	195

(BB) "Street" or "highway" means the entire width between the	196
boundary lines of every way open to the use of the public as a	197
thoroughfare for purposes of vehicular travel.	198

(CC) "Controlled-access highway" means every street or	199
highway in respect to which owners or occupants of abutting lands	200
and other persons have no legal right of access to or from the	201
same except at such points only and in such manner as may be	202
determined by the public authority having jurisdiction over such	203
street or highway.	204

(DD) "Private road or driveway" means every way or place in	205
private ownership used for vehicular travel by the owner and those	206
having express or implied permission from the owner but not by	207
other persons.	208

(EE) "Roadway" means that portion of a highway improved,	209
designed, or ordinarily used for vehicular travel, except the berm	210
or shoulder. If a highway includes two or more separate roadways	211
the term "roadway" means any such roadway separately but not all	212
such roadways collectively.	213

(FF) "Sidewalk" means that portion of a street between the	214
curb lines, or the lateral lines of a roadway, and the adjacent	215
property lines, intended for the use of pedestrians.	216

(GG) "Laned highway" means a highway the roadway of which is	217
divided into two or more clearly marked lanes for vehicular	218
traffic.	219

(HH) "Through highway" means every street or highway as	220
provided in section 4511.65 of the Revised Code.	221

(II) "State highway" means a highway under the jurisdiction	222
of the department of transportation, outside the limits of	223
municipal corporations, provided that the authority conferred upon	224
the director of transportation in section 5511.01 of the Revised	225
Code to erect state highway route markers and signs directing	226
traffic shall not be modified by sections 4511.01 to 4511.79 and	227
4511.99 of the Revised Code.	228

(JJ) "State route" means every highway that is designated	229
with an official state route number and so marked.	230

(KK) "Intersection" means:

231

(1) The area embraced within the prolongation or connection	232
of the lateral curb lines, or, if none, the lateral boundary lines	233
of the roadways of two highways that join one another at, or	234
approximately at, right angles, or the area within which vehicles	235
traveling upon different highways that join at any other angle	236
might come into conflict. The junction of an alley or driveway	237
with a roadway or highway does not constitute an intersection	238
unless the roadway or highway at the junction is controlled by a	239
traffic control device.	240

(2) If a highway includes two roadways that are thirty feet	241
or more apart, then every crossing of each roadway of such divided	242
highway by an intersecting highway constitutes a separate	243
intersection. If both intersecting highways include two roadways	244
thirty feet or more apart, then every crossing of any two roadways	245
of such highways constitutes a separate intersection.	246

(3) At a location controlled by a traffic control signal,	247
regardless of the distance between the separate intersections as	248
described in division (KK)(2) of this section:	249

(a) If a stop line, yield line, or crosswalk has not been	250
designated on the roadway within the median between the separate	251
intersections, the two intersections and the roadway and median	252
constitute one intersection.	253

(b) Where a stop line, yield line, or crosswalk line is	254
designated on the roadway on the intersection approach, the area	255
within the crosswalk and any area beyond the designated stop line	256
or yield line constitute part of the intersection.	257

(c) Where a crosswalk is designated on a roadway on the	258
departure from the intersection, the intersection includes the	259
area that extends to the far side of the crosswalk.	260

(LL) "Crosswalk" means:

261

(1) That part of a roadway at intersections ordinarily	262
included within the real or projected prolongation of property	263
lines and curb lines or, in the absence of curbs, the edges of the	264
traversable roadway;	265

(2) Any portion of a roadway at an intersection or elsewhere,	266
distinctly indicated for pedestrian crossing by lines or other	267
markings on the surface;	268

(3) Notwithstanding divisions (LL)(1) and (2) of this	269
section, there shall not be a crosswalk where local authorities	270
have placed signs indicating no crossing.	271

(MM) "Safety zone" means the area or space officially set	272
apart within a roadway for the exclusive use of pedestrians and	273
protected or marked or indicated by adequate signs as to be	274
plainly visible at all times.	275

(NN) "Business district" means the territory fronting upon a	276
street or highway, including the street or highway, between	277
successive intersections within municipal corporations where fifty	278
per cent or more of the frontage between such successive	279
intersections is occupied by buildings in use for business, or	280
within or outside municipal corporations where fifty per cent or	281
more of the frontage for a distance of three hundred feet or more	282
is occupied by buildings in use for business, and the character of	283
such territory is indicated by official traffic control devices.	284

(OO) "Residence district" means the territory, not comprising	285
a business district, fronting on a street or highway, including	286
the street or highway, where, for a distance of three hundred feet	287
or more, the frontage is improved with residences or residences	288
and buildings in use for business.	289

(PP) "Urban district" means the territory contiguous to and	290
including any street or highway which is built up with structures	291
devoted to business, industry, or dwelling houses situated at	292
intervals of less than one hundred feet for a distance of a	293
quarter of a mile or more, and the character of such territory is	294
indicated by official traffic control devices.	295

(QQ) "Traffic control device" means a flagger, sign, signal,	296
marking, or other device used to regulate, warn, or guide traffic,	297
placed on, over, or adjacent to a street, highway, private road	298
open to public travel, pedestrian facility, or shared-use path by	299
authority of a public agency or official having jurisdiction, or,	300
in the case of a private road open to public travel, by authority	301
of the private owner or private official having jurisdiction.	302

(RR) "Traffic control signal" means any highway traffic	303
signal by which traffic is alternately directed to stop and	304
permitted to proceed.	305

(SS) "Railroad sign or signal" means any sign, signal, or	306
device erected by authority of a public body or official or by a	307
railroad and intended to give notice of the presence of railroad	308
tracks or the approach of a railroad train.	309

(TT) "Traffic" means pedestrians, ridden or herded animals,	310
vehicles, streetcars, trackless trolleys, and other devices,	311
either singly or together, while using for purposes of travel any	312
highway or private road open to public travel.	313

(UU) "Right-of-way" means either of the following, as the	314
context requires:	315

(1) The right of a vehicle, streetcar, trackless trolley, or	316
pedestrian to proceed uninterruptedly in a lawful manner in the	317
direction in which it or the individual is moving in preference to	318
another vehicle, streetcar, trackless trolley, or pedestrian	319
approaching from a different direction into its or the	320
individual's path;	321

(2) A general term denoting land, property, or the interest	322
therein, usually in the configuration of a strip, acquired for or	323
devoted to transportation purposes. When used in this context,	324
right-of-way includes the roadway, shoulders or berm, ditch, and	325
slopes extending to the right-of-way limits under the control of	326
the state or local authority.	327

(VV) "Rural mail delivery vehicle" means every vehicle used	328
to deliver United States mail on a rural mail delivery route.	329

(WW) "Funeral escort vehicle" means any motor vehicle,	330
including a funeral hearse, while used to facilitate the movement	331
of a funeral procession.	332

(XX) "Alley" means a street or highway intended to provide	333
access to the rear or side of lots or buildings in urban districts	334
and not intended for the purpose of through vehicular traffic, and	335
includes any street or highway that has been declared an "alley"	336
by the legislative authority of the municipal corporation in which	337
such street or highway is located.	338

(YY) "Freeway" means a divided multi-lane highway for through	339
traffic with all crossroads separated in grade and with full	340
control of access.	341

(ZZ) "Expressway" means a divided arterial highway for	342
through traffic with full or partial control of access with an	343
excess of fifty per cent of all crossroads separated in grade.	344

(AAA) "Thruway" means a through highway whose entire roadway	345
is reserved for through traffic and on which roadway parking is	346
prohibited.	347

(BBB) "Stop intersection" means any intersection at one or	348
more entrances of which stop signs are erected.	349

(CCC) "Arterial street" means any United States or state	350
numbered route, controlled access highway, or other major radial	351
or circumferential street or highway designated by local	352
authorities within their respective jurisdictions as part of a	353
major arterial system of streets or highways.	354

(DDD) "Ridesharing arrangement" means the transportation of	355
persons in a motor vehicle where such transportation is incidental	356
to another purpose of a volunteer driver and includes ridesharing	357
arrangements known as carpools, vanpools, and buspools.	358

(EEE) "Motorized wheelchair" means any self-propelled vehicle	359
designed for, and used by, a handicapped person and that is	360
incapable of a speed in excess of eight miles per hour.	361

(FFF) "Child day-care center" and "type A family day-care	362
home" have the same meanings as in section 5104.01 of the Revised	363
Code.	364

(GGG) "Multi-wheel agricultural tractor" means a type of	365
agricultural tractor that has two or more wheels or tires on each	366
side of one axle at the rear of the tractor, is designed or used	367
for drawing other vehicles or wheeled machinery, has no provision	368
for carrying loads independently of the drawn vehicles or	369
machinery, and is used principally for agricultural purposes.	370

(HHH) "Operate" means to cause or have caused movement of a	371
vehicle, streetcar, or trackless trolley.	372

(III) "Predicate motor vehicle or traffic offense" means any	373
of the following:	374

(1) A violation of section 4511.03, 4511.051, 4511.12,	375
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	376
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	377
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	378
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	379
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	380
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	381
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	382
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	383
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	384
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	385

(2) A violation of division (A)(2) of section 4511.17,	386
divisions (A) to (D) of section 4511.51, or division (A) of	387
section 4511.74 of the Revised Code;	388

(3) A violation of any provision of sections 4511.01 to	389
4511.76 of the Revised Code for which no penalty otherwise is	390
provided in the section that contains the provision violated;	391

(4) A violation of a municipal ordinance that is	392
substantially similar to any section or provision set forth or	393
described in division (III)(1), (2), or (3) of this section.	394

(JJJ) "Road service vehicle" means wreckers, utility repair	395
vehicles, and state, county, and municipal service vehicles	396
equipped with visual signals by means of flashing, rotating, or	397
oscillating lights.	398

(KKK) "Beacon" means a highway traffic signal with one or	399
more signal sections that operate in a flashing mode.	400

(LLL) "Hybrid beacon" means a type of beacon that is	401
intentionally placed in a dark mode between periods of operation	402
where no indications are displayed and, when in operation,	403
displays both steady and flashing traffic control signal	404
indications.	405

(MMM) "Highway traffic signal" means a power-operated traffic	406
control device by which traffic is warned or directed to take some	407
specific action. "Highway traffic signal" does not include a	408
power-operated sign, steadily illuminated pavement marker, warning	409
light, or steady burning electric lamp.	410

(NNN) "Median" means the area between two roadways of a	411
divided highway, measured from edge of traveled way to edge of	412
traveled way, but excluding turn lanes. The width of a median may	413
be different between intersections, between interchanges, and at	414
opposite approaches of the same intersection.	415

(OOO) "Private road open to public travel" means a private	416
toll road or road, including any adjacent sidewalks that generally	417
run parallel to the road, within a shopping center, airport,	418
sports arena, or other similar business or recreation facility	419
that is privately owned but where the public is allowed to travel	420
without access restrictions. "Private road open to public travel"	421
includes a gated toll road but does not include a road within a	422
private gated property where access is restricted at all times, a	423
parking area, a driving aisle within a parking area, or a private	424
grade crossing.	425

(PPP) "Shared-use path" means a bikeway outside the traveled	426
way and physically separated from motorized vehicular traffic by	427
an open space or barrier and either within the highway	428
right-of-way or within an independent alignment. A shared-use path	429
also may be used by pedestrians, including skaters, joggers, users	430
of manual and motorized wheelchairs, and other authorized	431
motorized and non-motorized users.	432

(QQQ) "Highway maintenance vehicle" means a vehicle used in	433
snow and ice removal or road surface maintenance, including a snow	434
plow, traffic line striper, road sweeper, mowing machine, asphalt	435
distributing vehicle, or other such vehicle designed for use in	436
specific highway maintenance activities.	437

Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to	438
4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do	439
not apply to persons, teams, motor vehicles, and other equipment	440
while actually engaged in work upon the surface of a highway	441
within an area designated by traffic control devices, but apply to	442
such persons and vehicles when traveling to or from such work.	443

(B) The driver of a highway maintenance vehicle owned by this	444
state or any political subdivision of this state, while the driver	445
is engaged in the performance of official duties upon a street or	446
highway, provided the highway maintenance vehicle is equipped with	447
flashing lights and such other markings as are required by law and	448
such lights are in operation when the driver and vehicle are so	449
engaged, shall be exempt from criminal prosecution for violations	450
of sections 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	451
4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to	452
5577.09 of the Revised Code.	453

(C)(1) This section does not exempt a driver of a highway	454
maintenance vehicle from civil liability arising from a violation	455
of section 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	456
4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or sections 5577.01	457
to 5577.09 of the Revised Code.	458

(2) This section does not exempt the driver of a vehicle that	459
is engaged in the transport of highway maintenance equipment from	460
criminal liability for a violation of sections 5577.01 to 5577.09	461
of the Revised Code.	462

(D) As used in this section, "highway maintenance vehicle"	463
means a vehicle used in snow and ice removal or road surface	464
maintenance, including a snow plow, traffic line striper, road	465
sweeper, mowing machine, asphalt distributing vehicle, or other	466
such vehicle designed for use in specific highway maintenance	467
activities.	468

Sec. 4511.213.  (A) The driver of a motor vehicle, upon	469
approaching a stationary public safety vehicle, an emergency	470
vehicle, or a road service vehicle, or highway maintenance	471
vehicle, that is displaying the appropriate visual signals by	472
means of flashing, oscillating, or rotating lights, as prescribed	473
in section 4513.17 of the Revised Code, shall do either of the	474
following:	475

(1) If the driver of the motor vehicle is traveling on a	476
highway that consists of at least two lanes that carry traffic in	477
the same direction of travel as that of the driver's motor	478
vehicle, the driver shall proceed with due caution and, if	479
possible and with due regard to the road, weather, and traffic	480
conditions, shall change lanes into a lane that is not adjacent to	481
that of the stationary public safety vehicle, an emergency	482
vehicle, or a road service vehicle, or highway maintenance	483
vehicle.	484

(2) If the driver is not traveling on a highway of a type	485
described in division (A)(1) of this section, or if the driver is	486
traveling on a highway of that type but it is not possible to	487
change lanes or if to do so would be unsafe, the driver shall	488
proceed with due caution, reduce the speed of the motor vehicle,	489
and maintain a safe speed for the road, weather, and traffic	490
conditions.	491

(B) This section does not relieve the driver of a public	492
safety vehicle, an emergency vehicle, or a road service vehicle,	493
or highway maintenance vehicle from the duty to drive with due	494
regard for the safety of all persons and property upon the	495
highway.	496

(C) No person shall fail to drive a motor vehicle in	497
compliance with division (A)(1) or (2) of this section when so	498
required by division (A) of this section.	499

(D)(1) Except as otherwise provided in this division, whoever	500
violates this section is guilty of a minor misdemeanor. If, within	501
one year of the offense, the offender previously has been	502
convicted of or pleaded guilty to one predicate motor vehicle or	503
traffic offense, whoever violates this section is guilty of a	504
misdemeanor of the fourth degree. If, within one year of the	505
offense, the offender previously has been convicted of two or more	506
predicate motor vehicle or traffic offenses, whoever violates this	507
section is guilty of a misdemeanor of the third degree.	508

(2) Notwithstanding section 2929.28 of the Revised Code, upon	509
a finding that a person operated a motor vehicle in violation of	510
division (C) of this section, the court, in addition to all other	511
penalties provided by law, shall impose a fine of two times the	512
usual amount imposed for the violation.	513

Sec. 5501.03.  (A) The department of transportation shall:

514

(1) Exercise and perform such other duties, powers, and	515
functions as are conferred by law on the director, the department,	516
the assistant directors, the deputy directors, or on the divisions	517
of the department;	518

(2) Coordinate and develop, in cooperation with local,	519
regional, state, and federal planning agencies and authorities,	520
comprehensive and balanced state policy and planning to meet	521
present and future needs for adequate transportation facilities in	522
this state, including recommendations for adequate funding of the	523
implementation of such planning;	524

(3) Coordinate its activities with those of other appropriate	525
state departments, public agencies, and authorities, and enter	526
into any contracts with such departments, agencies, and	527
authorities as may be necessary to carry out its duties, powers,	528
and functions;	529

(4) Cooperate with and assist the public utilities commission	530
in the commission's administration of sections 4907.47 to 4907.476	531
of the Revised Code, particularly with respect to the federal	532
highway administration;	533

(5) Cooperate with and assist the Ohio power siting board in	534
the board's administration of Chapter 4906. of the Revised Code;	535

(6) Give particular consideration to the development of	536
policy and planning for public transportation facilities, and to	537
the coordination of associated activities relating thereto, as	538
prescribed under divisions (A)(2) and (3) of this section;	539

(7) Conduct, in cooperation with the Ohio legislative service	540
commission, any studies or comparisons of state traffic laws and	541
local traffic ordinances with model laws and ordinances that may	542
be required to meet program standards adopted by the United States	543
department of transportation pursuant to the "Highway Safety Act	544
of 1966," 80 Stat. 731, U.S.C.A. 401;	545

(8) Prepare, print, distribute, and advertise books, maps,	546
pamphlets, and other information that, in the judgment of the	547
director, will inform the public and other governmental	548
departments, agencies, and authorities as to the duties, powers,	549
and functions of the department;	550

(9) In its research and development program, consider	551
technologies for improving roadways, including construction	552
techniques and materials to prolong project life, being used or	553
developed by other states that have geographic, geologic, or	554
climatic features similar to this state's, and collaborate with	555
those states in that development.	556

(B) Nothing contained in division (A)(1) of this section	557
shall be held to in any manner affect, limit, restrict, or	558
otherwise interfere with the exercise of powers relating to	559
transportation facilities by appropriate agencies of the federal	560
government, or by counties, municipal corporations, or other	561
political subdivisions or special districts in this state	562
authorized by law to exercise such powers.	563

(C) The department may use all appropriate sources of revenue	564
to assist in the development and implementation of rail service as	565
defined by division (C) of section 4981.01 of the Revised Code.	566

(D) The director of transportation may enter into contracts	567
with public agencies including political subdivisions, other state	568
agencies, boards, commissions, regional transit authorities,	569
county transit boards, and port authorities, to administer the	570
design, qualification of bidders, competitive bid letting,	571
construction inspection, and acceptance of any projects	572
administered by the department, provided the administration of	573
such projects is performed in accordance with all applicable state	574
and federal laws and regulations with oversight by the department.	575

(E) The director may enter into cooperative or contractual	576
agreements with any individual, organization, or business related	577
to the creation or promotion of a traveler information program.	578
The traveler information program shall provide real-time traffic	579
conditions and travel time information to travelers at no cost to	580
the traveler. The director may contract with a program manager for	581
the traveler information program. The program manager shall be	582
responsible for all costs associated with the development and	583
operation of the traveler information program. The compensation	584
due to a program manager or vendor under any of these agreements	585
may include deferred compensation in an amount determined by the	586
director. Excess revenue shall be remitted to the department for	587
deposit into the highway operating fund.	588

(F) Any materials or data submitted to, made available to, or	589
received by the director of transportation, to the extent that the	590
materials or data consist of trade secrets, as defined in section	591
1333.61 of the Revised Code, or commercial or financial	592
information, are confidential and are not public records for the	593
purposes of section 149.43 of the Revised Code.	594

Sec. 5525.16.  (A) Before entering into a contract, the	595
director of transportation shall require a contract performance	596
bond and a payment bond with sufficient sureties, as follows:	597

(1) A contract performance bond in an amount equal to one	598
hundred per cent of the estimated cost of the workcontract	599
amount, conditioned, among other things, that the contractor will	600
perform the work upon the terms proposed, within the time	601
prescribed, and in accordance with the plans and specifications,	602
will indemnify the state against any damage that may result from	603
any failure of the contractor to so perform, and, further, in case	604
of a grade separation will indemnify any railroad company involved	605
against any damage that may result by reason of the negligence of	606
the contractor in making the improvement.	607

(2) A payment bond in an amount equal to one hundred per cent	608
of the estimated cost of the workcontract amount, conditioned for	609
the payment by the contractor and all subcontractors for labor or	610
work performed or materials furnished in connection with the work,	611
improvement, or project involved.	612

(B) In no case is the state liable for damages sustained in	613
the construction of any work, improvement, or project under this	614
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,	615
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and	616
5535. of the Revised Code.	617

This section does not require the director to take bonds as	618
described in division (A) of this section in connection with any	619
force account work, but the director may require those bonds in	620
connection with force account work.	621

If any bonds taken under this section are executed by a	622
surety company, the director may not approve such bonds unless	623
there is attached a certificate of the superintendent of insurance	624
that the company is authorized to transact business in this state,	625
and a copy of the power of attorney of the agent of the company.	626
The superintendent, upon request, shall issue to any licensed	627
agent of such company the certificate without charge.	628

The bonds required to be taken under this section shall be	629
executed by the same surety, approved by the director as to	630
sufficiency of the sureties, and be in the form prescribed by the	631
attorney general.	632

(C) Any person to whom any money is due for labor or work	633
performed or materials furnished in connection with a work,	634
improvement, or project, at any time after performing the labor or	635
furnishing the materials but not later than ninety days after the	636
acceptance of the work, improvement, or project by the director,	637
may furnish to the sureties on the payment bond a statement of the	638
amount due the person. If the indebtedness is not paid in full at	639
the expiration of sixty days after the statement is furnished, the	640
person may commence an action in the person's own name upon the	641
bond as provided in sections 2307.06 and 2307.07 of the Revised	642
Code.	643

An action shall not be commenced against the sureties on a	644
payment bond until sixty days after the furnishing of the	645
statement described in this section or, notwithstanding section	646
2305.12 of the Revised Code, later than one year after the date of	647
the acceptance of the work, improvement, or project.	648

(D) As used in this section, "improvement," "subcontractor,"	649
"material supplier," and "materials" have the same meanings as in	650
section 1311.01 of the Revised Code, and "contractor" has the same	651
meaning as "original contractor" as defined in that section.	652

Section 2.  That existing sections 4511.01, 4511.04,	653
4511.213, 5501.03, and 5525.16 of the Revised Code are hereby	654
repealed.	655